The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1166
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Children and Families
 
 AN ACT to amend the social services law, in relation to prohibiting  the
   use of aversive conditioning and other certain punishments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 498 to read as follows:
   §  498. AVERSIVE CONDITIONING. NOTWITHSTANDING ANY PROVISION OF LAW TO
 THE CONTRARY:
   1. NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED,  LICENSED,
 OR  APPROVED  BY  THE STATE OR AN AGENCY OR POLITICAL SUBDIVISION OF THE
 STATE SHALL ADMINISTER OR CAUSE  TO  BE  ADMINISTERED  TO  A  VULNERABLE
 PERSON ANY PROCEDURE WHICH USES AVERSIVE CONDITIONING.
   2.  NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED, LICENSED,
 OR APPROVED BY THE STATE OR AN AGENCY OR POLITICAL SUBDIVISION  OF   THE
 STATE  SHALL  USE  ANY  FORM  OF  PHYSICAL CONTACT OR PUNISHMENT THAT IS
 OTHERWISE PROHIBITED BY LAW, OR WOULD BE PROHIBITED IF USED ON A  PERSON
 WHO IS NOT VULNERABLE.
   3.  NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED, LICENSED,
 OR APPROVED BY THE STATE OR AN AGENCY OR POLITICAL  SUBDIVISION  OF  THE
 STATE  SHALL  USE  ANY  PROCEDURE OR PUNISHMENT THAT DENIES A VULNERABLE
 PERSON REASONABLE SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES  AND  ANY
 OTHER ASPECT EXPECTED OF A HUMANE EXISTENCE.
   4. ANY STUDENT WITH AN INDIVIDUALIZED EDUCATION PROGRAM THAT IS EFFEC-
 TIVE  AS  OF  THE  EFFECTIVE  DATE OF THIS SECTION SHALL BE PERMITTED TO
 COMPLETE SUCH PROGRAM, PROVIDED THAT SUCH STUDENT IS NOT  SUBJECTED  TO:
 AVERSIVE  CONDITIONING; PHYSICAL CONTACT OR PUNISHMENT THAT IS OTHERWISE
 PROHIBITED BY LAW, OR WOULD BE PROHIBITED IF USED ON A PERSON WHO IS NOT
 VULNERABLE; OR ANY OTHER PROCEDURE OR PUNISHMENT THAT DENIES  A  VULNER-
 ABLE  PERSON REASONABLE SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03550-01-3

 A. 1166                             2
 
 ANY OTHER ASPECT EXPECTED OF A HUMANE EXISTENCE. PROVIDED, HOWEVER, THAT
 NO FURTHER INDIVIDUALIZED EDUCATION PLANS  SHALL  BE  FUNDED,  OPERATED,
 LICENSED,  OR  APPROVED BY THE STATE OR ANY AGENCY OR POLITICAL SUBDIVI-
 SION OF THE STATE, IF ANY RELATED PROGRAM, AGENCY, OR FACILITY CONNECTED
 TO  SUCH  INDIVIDUALIZED  EDUCATION  PROGRAM ENGAGES IN ANY CONDUCT THAT
 WOULD OTHERWISE BE PROHIBITED BY THIS SECTION.
   5. THE PROVISIONS OF  THIS  SECTION  SHALL  APPLY  REGARDLESS  OF  THE
 LOCATION  OF  THE  RELEVANT  CONDUCT  OR  THE  RESIDENCE OF ANY IMPACTED
 PERSONS.
   § 2. Paragraph (e) of subdivision 1  of  section  488  of  the  social
 services law, as added by section 1 of part B of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (e)  "Use  of aversive conditioning," which shall mean the application
 of a physical stimulus that is intended to induce pain or discomfort  in
 order  to  modify or change the behavior of a person [receiving services
 in the absence of a  person-specific  authorization  by  the  operating,
 licensing  or certifying state agency pursuant to governing state agency
 regulations]. Aversive conditioning may include but is not  limited  to,
 the  use  of  physical  stimuli  such  as noxious odors, noxious tastes,
 blindfolds, the withholding of meals and  the  provision  of  substitute
 foods in an unpalatable form [and], movement limitations used as punish-
 ment,  including  but  not  limited  to helmets and mechanical restraint
 devices AND ANY PROCEDURE WHICH CAUSES OBVIOUS SIGNS OF  PHYSICAL  PAIN,
 INCLUDING BUT NOT LIMITED TO HITTING, PINCHING AND ELECTRIC SHOCK.
   § 3. Section 488 of the social services law is amended by adding a new
 subdivision 17 to read as follows:
   17.  "PROGRAM" SHALL MEAN ANY RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
 PRIVATE PROGRAM THAT PROVIDES CARE, SERVICES, PROGRAMS,  AND/OR  SUPPORT
 TO VULNERABLE PERSONS.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.